Criminal Procedure Law of the People's Republic of China
Article 288 In the following cases of public prosecution, if the criminal suspect and the defendant sincerely repent and obtain the understanding of the victim by means of compensation for losses, apology, etc., and the victim voluntarily reconciles, both parties may reconcile:
(a) due to a civil dispute, suspected of criminal cases stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, and may be sentenced to fixed-term imprisonment of not more than three years;
(two) criminal cases of negligence other than dereliction of duty that may be sentenced to fixed-term imprisonment of not more than seven years.
If a criminal suspect or defendant intentionally commits a crime within five years, the procedures specified in this chapter shall not apply.
Extended data
Reconciliation time and requirements
1, the public security, the procuratorate and the court can reach a settlement agreement in three stages;
2, the public security organs, the people's Procuratorate presided over the production of the settlement agreement, the parties raised objections, the people's court shall review. After examination, if the settlement is voluntary and legal, it shall be confirmed, and there is no need to make a new settlement agreement; If it is involuntary and legal, it shall be deemed invalid. If the two parties reach a new settlement agreement after the settlement agreement is deemed invalid, the people's court shall preside over the making of the new settlement agreement.
3. In the process of trial, the people's court shall listen to the opinions of the parties, their legal representatives and other relevant personnel. If both parties reach an out-of-court settlement, the people's court shall notify the people's procuratorate and listen to its opinions. After examination, if the settlement is voluntary and legal, it shall preside over the production of a settlement agreement.
4. If both parties reach a settlement, the public security organ, the people's procuratorate and the people's court shall listen to the opinions of the parties and other relevant personnel, review the voluntariness and legality of the settlement, and preside over the preparation of the settlement agreement.
5. After the victim or his legal representative or close relatives file an incidental civil lawsuit, both parties are willing to settle, but the defendant can't fulfill all the compensation obligations immediately, the people's court shall make an incidental civil conciliation statement.
6. According to the circumstances of the case, the people's court may invite people's mediators, defenders, agents ad litem, relatives and friends of the parties to participate, so as to promote reconciliation between the two parties.
Baidu Encyclopedia-People's Republic of China (PRC) Criminal Procedure Law